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Subject: Governance

Important aspects of Society

  • FCRA licence of Centre for Policy Research suspended

    Union Home Ministry suspended the Foreign Contribution Regulation Act (FCRA) licence of the Centre for Policy Research (CPR).

    About CPR

    • The CPR was established in 1973 as a think tank with the mission to contribute to a more robust public discourse about the issues that impact life in India.
    • Its headquarters is located in Chanakyapuri, New Delhi.
    • It is a non-profit, non-partisan, independent institution dedicated to conducting research that contributes to high quality scholarship, better policies.
    • Over the years it has cultivated a reputation as one of the country’s premier public policy think tanks.

    Why was its licence suspended?

    • The CPR allegedly received foreign funds in violation of the FCRA.

    What is FCRA?

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
    • It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.

    Why was FCRA enacted?

    • The FCRA sought to consolidate the acceptance and utilisation of foreign contribution or foreign hospitality by individuals, associations or companies.
    • It sought to prohibit such contributions from being used for activities detrimental to national interest.

    What was the recent Amendment?

    • The FCRA was amended in September 2020 to introduce some new restrictions.
    • The Government says it did so because it found that many recipients were wanting in compliance with provisions relating to filing of annual returns and maintenance of accounts.
    • Many did not utilise the funds received for the intended objectives.
    • It claimed that the annual inflow as foreign contributions almost doubled between 2010 and 2019.
    • The FCRA registration of 19,000 organisations was cancelled and, in some cases, prosecution was also initiated.

    How has the law changed?

    There are at least three major changes that NGOs find too restrictive.

    • Prohibition of fund transfer: An amendment to Section 7 of the Act completely prohibits the transfer of foreign funds received by an organisation to any other individual or association.
    • Directed and single bank account: Another amendment mandates that every person (or association) granted a certificate or prior permission to receive overseas funds must open an FCRA bank account in a designated branch of the SBI in New Delhi.
    • Utilization of funds: All foreign funds should be received only in this account and none other. However, the recipients are allowed to open another FCRA bank account in any scheduled bank for utilisation.
    • Shared information: The designated bank will inform authorities about any foreign remittance with details about its source and the manner in which it was received.
    • Aadhaar mandate: In addition, the Government is also authorised to take the Aadhaar numbers of all the key functionaries of any organisation that applies for FCRA registration or for prior approval for receiving foreign funds.
    • Cap on administrative expenditure: Another change is that the portion of the receipts allowed as administrative expenditure has been reduced from 50% to 20%.

    What is the criticism against these changes?

    • Arbitrary restrictions: NGOs questioning the law consider the prohibition on transfer arbitrary and too heavy a restriction.
    • Non-sharing of funds: One of its consequences is that recipients cannot fund other organisations. When foreign help is received as material, it becomes impossible to share the aid.
    • Irrationality of designated bank accounts: There is no rational link between designating a particular branch of a bank with the objective of preserving national interest.
    • Un-ease of operation: Due to Delhi based bank account, it is also inconvenient as the NGOS might be operating elsewhere.
    • Illogical narrative: ‘National security’ cannot be cited as a reason without adequate justification as observed by the Supreme Court in Pegasus Case.

    What does the Government say?

    • Zero tolerance against intervention: The amendments were necessary to prevent foreign state and non-state actors from interfering with the country’s polity and internal matters.
    • Diversion of foreign funds: The changes are also needed to prevent malpractices by NGOs and diversion of foreign funds.
    • Fund flow monitoring: The provision of having one designated bank for receiving foreign funds is aimed at making it easier to monitor the flow of funds.
    • Ease of operation: The Government clarified that there was no need for anyone to come to Delhi to open the account as it can be done remotely.

    Supreme Court’s observation

    • The apex court reasoned that an unbridled inflow of foreign funds may destabilise the sovereignty of the nation.
    • The petitioners have argued that the amendments suffered from the “vice of ambiguity, over-breadth or over-governance” and violated their fundamental rights.
    • But the court countered that the amendments only provide a strict regulatory framework to moderate the inflow of foreign funds into the country.
    • The free and uncontrolled inflow of foreign funds has the potential to impact the socio-economic structure and polity of the country.
    • No one can be heard to claim a vested right to accept foreign donations, much less an absolute right, said the verdict.

    Supreme Court’s assessment of Foreign Funds

    • Philosophically, foreign contribution (donation) is akin to gratifying intoxicant replete with medicinal properties and may work like nectar.
    • However, it serves as medicine so long as it is consumed (utilised) moderately and discreetly, for serving the larger cause of humanity.
    • Otherwise, this artifice has the capability of inflicting pain, suffering and turmoil as being caused by the toxic substance (potent tool) — across the nation.

    Way forward

    • The court said charity could be found at home. NGOs could look within the country for donors.
    • Fundamental rights have to give way in the larger public interest to the need to insulate the democratic polity from the “adverse influence of foreign contributions”.
    • The third-world countries may welcome foreign donations, but it is open to a nation, which is committed and enduring to be self-reliant.
    • An unregulated inflow of foreign donations would only indicate that the government was incapable of looking after its own affairs and needs of its citizens.

     

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  • Academic Freedom in India declined strongly since 2013: Report

    freedom

    India’s academic freedom index is in the bottom 30 percent among 179 countries, according to a new report.

    Academic Freedom Index Update, 2023

    • The report was a collaborative effort of 2,917 country experts worldwide.
    • It was co-ordinated by Swedish think tank V-Dem Institute and the Institute of Political Science at the Friedrich Alexander University in Germany.
    • It identified 22 countries – including India, China, the United States and Mexico – where it said universities and scholars experience significantly less academic freedom today than they did ten years ago.
    • The index score measures five indicators-
    1. Freedom to research and teach
    2. Freedom of academic exchange and dissemination,
    3. Institutional autonomy of universities
    4. Freedom of academic and cultural expression and campus integrity
    5. Absence of security infringements and surveillance on campus.

    What one means by academic freedom?

    • Academic freedom refers to the independence and autonomy that scholars and researchers have in pursuing their academic work, without fear of censorship, retaliation, or repression from the government or other entities.
    • It includes the freedom to conduct research, publish findings, and express opinions and ideas, without interference or pressure from external forces.
    • It is considered a cornerstone of higher education and is essential for the advancement of knowledge and the free exchange of ideas.

    India’s performance

    • India is ranked among the bottom 30% with an index score of less than 0.4 among the 179 countries assessed by the researchers.
    • On a scale of 0 (low) to 1 (high), India scored 0.38, lower than Pakistan’s 0.43 and the United States’ 0.79, says the report. LOL!
    • The report has ranked the United States among the top 50% of countries with an index score just below 0.8. China has been ranked among the bottom 10% with a score of less than 0.1.
    • The report said that academic freedom in India began to decline in 2009 with a drop in university autonomy, followed by “a sharp downturn in all indicators” from 2013.

    Reasons for such poor ratings

    • A lack of a legal framework to protect academic freedom has enabled attacks on academic freedom.
    • The report sees there is notable pressure on the institutional dimensions of academic freedom — institutional autonomy and campus integrity.

    Again anti-India narrative

    • The report sees regime change in India since as a declining trend in the country’s academic freedom.
    • All such reports are being increasingly publicized ahead of India’s general elections in 2024.

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  • VAIBHAV fellowship for Indian Diaspora

    The centre has launched VAIBHAV Fellowship scheme for the Indian Diaspora abroad on National Science Day.

    VAIBHAV fellowship

    • The Vaibhav Fellowship is a program that invites overseas Indian scientists and researchers to work with Indian institutions and universities for a period of 2-3 weeks.
    • The program is open to individuals of Indian origin who are working in fields such as science, technology, engineering, and mathematics (STEM).
    • The fellowship will provide opportunities for the diaspora to collaborate with Indian scientists and researchers, participate in conferences, and contribute to the development of the country’s science and technology sector.

    Objectives of the Fellowship

    • To create a platform for Indian diaspora scientists and researchers to connect with their counterparts in India and contribute to the country’s growth in the field of science and technology.
    • To foster collaboration between Indian and overseas scientists and researchers, promote knowledge exchange, and build a network of professionals who can contribute to the development of the country.

    Key facts

    • Duration: The fellowship offers researchers an opportunity to work for a minimum of one month to a maximum of two months a year with a research institution or an academic institution in India.
    • Corpus: Three years with the government offering the researchers an amount of up to Rs 37 lakh for the entire period.
    • Eligibility: Researchers from institutions featuring in the top 500 QS World University Rankings will be eligible for the fellowship.
    • Who can apply: The applicant should be a Non-Resident Indian (NRI), Person of Indian Origin (PIO) or Overseas Citizen of India (OCI) and she or he must have obtained Ph.D/M.D/M.S degree from a recognized University.

    Significance of the fellowship

    • The fellowship provides a platform for Indian scientists and researchers to collaborate with their counterparts abroad, which can help in the exchange of ideas and knowledge.
    • It also provides an opportunity for the Indian diaspora to contribute to the development of their home country.
    • By engaging with the Indian institutions and universities, the diaspora can bring in new ideas, technologies, and expertise that can help in the country’s development.

     

     

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  • Two Australian public universities to set up campuses in GIFT City

    Central idea:

    GIFT City, Gandhinagar

    • GIFT city is India’s first operational smart city and international financial services centre (much like a modern IT park).
    • The idea for GIFT was conceived during the Vibrant Gujarat Global Investor Summit 2007 and the initial planning was done by East China Architectural Design & Research Institute (ECADI).
    • Approximately 225 units/companies are operational with more than 12000 professionals employed in the City.
    • The entire city is based on the concept of FTTX (Fibre to the home / office).The fiber optic is laid in fault tolerant ring architecture so as to ensure maximum uptime of services.
    • Every building in GIFT City is an intelligent building. There is piped supply of cooking gas. India’s first city-level DCS (district cooling system) is also operational at GIFT City.

     

    Procedure for Universities coming to India

    • The process for getting approval for setting up a campus in India will be strictly online in the beginning. Interested institutions have to apply at the UGC portal with a non-refundable fee, and then submit some documents.
    • After the applications are received, a committee formed by the Commission will examine these applications on these factors:
    1. Credibility of the institution
    2. Programmes to be offered by the institution
    3. Their potential to strengthen academic opportunities in India
    4. Proposed infrastructure

    UGC (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations 2023: Key questions answered

    • UGC approval compulsory: All foreign universities that wish to set up their campus in India will be allowed to do so only after getting approval from the UGC.
    • Reputed institutions: To set up a campus in Indian foreign universities will either have to be in the top 500 to apply or will have to be “highly reputed” in their respective countries (if the varsity does not participate in global rankings). If their ranking is between 500 and 100, but the subject-wise ranking is higher than overall, then in such cases, the institutions will be permitted to set up their campuses only for those ranked subjects.
    • Quality assurance: Additionally, the UGC will reserve the right to inspect these Indian campuses of foreign HEIs at any time, and they will not be outside the purview of anti-ragging and other criminal laws.
    • Offline classes only: All the foreign universities that open their branches in India will be allowed to conduct offline classes only, i.e. foreign universities can offer only full-time programmes in physical mode.
    • Freedom to choose admission process, fee, and faculty: All foreign varsities will have the freedom to come up with their own admission process. However, the universities will have to ensure “quality of education imparted at their Indian campuses is on par with their main campus.”
    • Admissions to all: Foreign higher educational institutes will have the freedom to enroll Indian as well as international students on their Indian campuses.
    • International funds transfer: To ensure that there is no chaos in funds transfer, all matters related to funding will be as per the Foreign Exchange Management Act 1999.
    • Safeguarding of students’ interest: FHEI shall not discontinue any course or programme or close the campus without the commission’s prior approval. In the case of a course or programme disruption or discontinuation, the parent entity shall be responsible for providing an alternative to the affected students.
    • Equivalence with degrees awarded by Indian HEIs: The qualifications awarded to the students in the Indian campus shall be recognised and treated as equivalent to the corresponding qualifications awarded by the FEHI in the main campus located in the country of origin.
    • Securing India’s national interest: FEHIs shall not offer any such programme or course which jeopardises the national interest of India or the standards of higher education in India. The operation of FEHIs shall not be contrary to the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.

    Why such move?

    • Increase in domestic enrolment: India has more than 1000 universities and 42,000 colleges. Despite having one of the largest higher education systems in the world, India’s Gross Enrolment Ratio (GER) in higher education is just 27.1%, among the worlds’ lowest.
    • Education quality improvement: The lack of quality in Indian education is reflected in the QS World University Rankings 2022. IIT Bombay was the top-ranking Indian institute in the list with a ranking of 177. Only eight Indian universities made it to the top 400.
    • Paving the way: London Business School, King’s College in London, the University of Cambridge, and New York University have started preliminary discussion with the GIFT City authorities and the regulator to establish facilities at the GIFT International Financial Services Centre.

    Benefits of the move

    • Human capital generation: This move would complement efforts to provide high quality human capital to India’s financial services industry.
    • Decreased overseas spending: Indian students’ overseas spending is set to grow from current annual $28 billion to $80 billion annually by 2024.
    • Reduce FOREX spending: Apart from fostering a competition in quality, International branch campuses can also help in reducing the foreign exchange outflow.
    • Prevents brain-drain: Education attracts opportunities. Atmanirbhar Bharat push will retain the domestic talent. More than eight lakh Indians gave up their citizenship in the last seven years.
    • Increase India’s soft power: Opening the door for foreign universities can improve India’s soft power as it will provide further impetus to the government’s Study in India programme that seeks to attract foreign students.

    Challenges

    • Regulatory challenges: The following factors may deter foreign higher educational institutions from investing in India-
    1. Multi-layer regulatory framework governing different aspects of higher education
    2. Lack of a single regulatory body overlooking the collaborations/ investments and
    3. Multiple approvals are required to operate in India
    • Implementation issues: While NEP has taken the right steps to boost the education sector and pave the way for a globally-compatible education system, its implementation has been slow and requires clarity.
    • Higher possibility of Brain Drain: A policy challenge that stands before the GoI is to facilitate such tie-ups in a way that the Indian talent chooses to and is incentivised to remain in India and the Indian educational infrastructure is developed to match global standards.

    Conclusion

    • The intent of the GoI, with respect to international universities setting up campuses in India, is clear from the provisions in the NEP.
    • However, much clarity is awaited for the proper implementation.

     

     

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  • In news: Anmol Jeevan Abhiyan

    A recent initiative called the ‘Anmol Jeevan Abhiyan’ (Precious Life Campaign) in Barmer, Rajasthan has motivated village panchayats and homeowners to add hand pumps and locked covers to tankas for improved structure.

    What are Tankas?

    anmol

    • The tankas with a huge water storage capacity are traditionally built adjacent to the residential units in western Rajasthan.
    • It is used for collecting rainwater and using it throughout the year for drinking and other household needs.
    • They were constructed in households under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

     

    Anmol Jeevan Abhiyan

    • The ‘Anmol Jeevan Abhiyan’ (Precious Life Campaign) has encouraged village panchayats and owners of houses to make the structural addition of hand pumps and locked covers on tankas.
    • The light-weight hand pumps made of fibre serve the dual purpose of preventing the accidents and suicides as well as drawing of water from the tank.
    • The campaign has been started jointly by the district administration, United Nations Children’s Fund (UNICEF) and Action Aid.
    • Among the 171 suicide cases reported last year, as many as 64 were those of women and a majority was those who had jumped into the water tanks.

    Benefits offered

    • Though the campaign has made an impact during the last three to four months, it cannot be measured in quantitative terms at present because of its continuity, even as the reports of suicides have gradually reduced.
    • The permanent closure of tankas with the metal cover having lock also ensured that no cattleheads or other animals fall into them tank.

     

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  • Tobacco consumption: Higher Prices Could Be The Effective way

    Tobacco

    Central Idea

    • The share of smokers is declining in India, but smokeless tobacco consumption continues unabated. Smokeless tobacco use is widespread and is a significant public health challenge. The use of smokeless tobacco in India is deeply ingrained in cultural and traditional practices, making it difficult to address through public health interventions.

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    DATA: Tobacco consumption in India

    • High Consumption in north eastern states: In the north-eastern States of India, consumption of tobacco among men in both smokable and chewable forms was higher than the rest of India in 2019-21.
    • Consumption in southern states is relatively low: In the southern States, the share was relatively low with regard to both forms of tobacco consumption. However, among those who smoked, the share of those who consumed more than five sticks a day was much higher in many southern States. So, while smokers were fewer in the south, those who smoked did so heavily.
    • Smokable forms: If only the smokable forms were considered, the share was higher in the northern States of Himachal Pradesh, Uttarakhand, Haryana, J&K U.T. and the eastern State of West Bengal.
    • Chewable forms: If only the chewable forms were considered, the share was higher in the east Jharkhand, Bihar and Odisha and in Uttar Pradesh, Madhya Pradesh and Gujarat.
    • Share of cigarette/bidi smokers is coming down: Overall, in India, the share of cigarette/bidi smokers is coming down. Compared to 2005-06, the share of smokers came down by over 10% points in 2019-21.

    Why is this trend?

    • Increase in prices of smokable forms: According to health economists the reduction in cigarette smoking may be attributed to the increase in the prices of the commodity over time.
    • Price of chewable form have not increased: On the other hand, the prices of bidis and other chewable forms have not increased much, and so consumption too has not reduced much.

    tobacco

    Why price and taxation of tobacco matters?

    • Effective way to reduce consumption: Research from many countries around the world including India shows that a price increase induces people to quit or reduce tobacco use as well as discourages non-users from getting into the habit of tobacco use.
    • For example: a study conducted in India found that a 10% increase in the price of tobacco products led to a 6.4% reduction in tobacco consumption among adults.
    • Higher prices can also discourage young people from taking up smoking: According to the World Health Organization, increasing tobacco prices by 10% can reduce tobacco use among young people by about 4%. This is particularly important as most tobacco users start smoking during adolescence.

    Tobacco consumption: Negative health effects

    • Cancer: Tobacco use is the leading cause of preventable cancer. It can cause cancer of the lungs, mouth, throat, larynx, pancreas, bladder, kidney, and cervix.
    • Respiratory diseases: It may cause chronic obstructive pulmonary disease (COPD), which includes chronic bronchitis and emphysema. It can also worsen asthma symptoms.
    • Cardiovascular diseases: Consumption increases the risk of heart attack, stroke, and other cardiovascular diseases. It damages blood vessels and increases the risk of blood clots.
    • Reproductive health: Tobacco use can lead to infertility, premature birth, and low birth weight in babies.

    Tobacco consumption: Social-Economic Impact

    1. On an individual level:
    • Tobacco consumption can lead to decreased productivity and increased healthcare costs.
    • Smoking-related illnesses can result in absenteeism from work, decreased work performance, and increased medical expenses.
    • In addition, tobacco consumption can lead to decreased life expectancy, which reduces the overall productive years of an individual.
    1. On a societal level:
    • Tobacco consumption can lead to decreased economic development due to the increased burden of healthcare costs and decreased productivity.
    • According to a study conducted by the World Health Organization (WHO), tobacco-related illnesses cost India about $22.4 billion in healthcare costs and lost productivity annually

    tobacco

    Conclusion

    • Tobacco consumption in India has significant socioeconomic and health impacts, particularly on the poor and marginalized sections of the population. Worryingly, after GST implementation, cigarette prices have not increased much. Increasing the price of tobacco products through taxation is a key strategy for reducing tobacco consumption and its associated health and economic costs.

    Mains Question

    Q. Tobacco consumption in India has significant socioeconomic and health impacts? Discuss. Do you think increase in price of tobacco commodities reduces its consumption?

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  • OTT Governance: Measures To Enhance Transparency

    Central Idea

    • It has been two years since the government issued the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules through which the Ministry of Information and Broadcasting (I&B) was given the task of regulating content on OTT and online platforms. India’s approach can be termed as a light-touch co-regulation model where there is self-regulation at the industry level and final oversight mechanism at the Ministry level.

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    What are OTT Media?

    • An over-the-top (OTT) media service is a streaming media service offered directly to viewers via the Internet.
    • OTT bypasses cable, broadcast, and satellite television platforms, the companies that traditionally act as a controller or distributor of such content.
    • The term is most synonymous with subscription-based video-on-demand (SVoD) services that offer access to film and television content.
    • They are typically accessed via websites on personal computers, as well as via apps on mobile devices (such as smartphones and tablets), digital media players, or televisions with integrated Smart TV platforms.

    Digital Media Ethics Code Relating to Digital Media and OTT Platforms

    • This Code of Ethics prescribes the guidelines to be followed by OTT platforms and online news and digital media entities.
    1. Self-Classification of Content: Platforms must self-classify content into five age-based categories and implement parental locks and age verification mechanisms.
    2. Norms for news: Publishers of news on digital media would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act.
    3. Self-regulation by the Publisher: Publisher shall appoint a Grievance Redressal Officer based in India who shall be responsible for the redressal of grievances received by it. The officer shall take a decision on every grievance received it within 15 days.
    4. Self-Regulatory Body: Publishers can have a self-regulatory body headed by a retired judge or eminent person with up to six members. The body must register with the Ministry of Information and Broadcasting, monitor publisher compliance with the Code of Ethics, and address grievances not resolved by publishers within 15 days.
    5. Oversight Mechanism: The Ministry of Information and Broadcasting must establish an oversight mechanism and establish an Inter-Departmental Committee to hear grievances.

    Guidelines Related to social media

    • Due Diligence to Be Followed By Intermediaries: The Rules prescribe due diligence that must be followed by intermediaries, including social media intermediaries. In case, due diligence is not followed by the intermediary, safe harbour provisions will not apply to them.
    • Grievance Redressal Mechanism: The Rules seek to empower the users by mandating the intermediaries, including social media intermediaries, to establish a grievance redressal mechanism for receiving resolving complaints from the users or victims.
    • Ensuring Online Safety and Dignity of Users, Especially Women Users: Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that erodes individual privacy and dignity.

    What are the concerns?

    • Low compliance and limited public awareness: OTT Rules require display of contact details for grievance redressal mechanisms and officers, but compliance is low and awareness among public is limited. Though the OTT Rules were notified in 2021, there is little awareness about them among the general public.
    • Lack of Transparency in Complaint Redressal Information: In many cases, either the complaint redressal information is not published or published in a manner that makes it difficult for a user to notice easily. In some cases, the details are not included as part of the OTT app interface.

    The Singapore Model

    • In Singapore, the Infocomm Media Development Authority is the common regulator for different media.
    • Aside from instituting a statutory framework and promoting industry self-regulation, its approach to media regulation emphasises on promoting media literacy through public education.

    What needs to be done?

    • Uniformity: There is a need for uniformity in displaying key information on obligations, timelines, and contact details for grievance redressal.
    • Specified rules: Rules should specify manner, text, language, and frequency for display of vital information and mandate industry associations to run campaigns in print and electronic media
    • Description in respective languages: Age ratings and content descriptors should be displayed in respective languages of the video, and shown prominently in full-screen mode for a mandatory minimum duration
    • Guidelines should be prominent in advertisements: Guidelines should ensure film classification/rating is legible and prominent in advertisements and promos of OTT content in print and electronic media.

    Measures to Enhance Transparency and Accountability in OTT Platform Governance

    • Periodic Audits by Independent Body: Periodic audits should be undertaken by an independent body to check the existence and effectiveness of access controls, age verification mechanisms, and display of grievance redressal details by each OTT platform.
    • Dedicated Umbrella Website: The Ministry could facilitate a dedicated umbrella website for the publication of applicable Rules, content codes, advisories, contact details for complaints/appeals, etc.
    • Publish Complaint Details in public domain: Publish detailed complaint descriptions and decisions by OTT providers and self-regulatory bodies in the public domain; providers should upload this information on a dedicated website for transparency.
    • IDC Membership to be Broad-Based and Representative: The Inter-Departmental Committee (IDC) comprising officer-nominees from various ministries of the Central government and domain experts should be made more broad-based and representative with security of tenure.
    • Provision for Disclosure: Provision for the disclosure or publication of an apology/warning/censure on the platform or website should be incorporated in the Rules.
    • Financial Penalties: Financial penalties may be imposed on erring entities.
    • Common Guidelines for Content Governance: A common set of guidelines for content, classification, age ratings, violations, etc. should be evolved to govern content uniformly across platforms in the era of media convergence.

    Conclusion

    • India’s OTT regulatory model aims to strike a balance between self-regulation and legal backing, aligning with global trends. The government’s efforts to enhance media literacy and transparency will not only promote effective self-regulation but also empower millions of OTT consumers. These initiatives are crucial for achieving the objective of raising India’s stature at an international level and serving as a model for other nations to emulate.

    Mains Question

    Q. Despite the launch of Intermediary Guidelines and Digital Media Ethics Code there are still concerns over the OTT governance. In this backdrop Discuss what can be done to improve the transparency and safeguarding the its users?

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  • Menstrual Leave and its Global Standing

    menstrual

    Recently, the Supreme Court refused to entertain a PIL about menstrual leave for workers and students across the country, calling it a policy matter.

    Menstrual Leave: Explained

    • Menstrual leave refers to a policy that allows women to take paid or unpaid leave from work when experiencing painful menstrual symptoms.
    • This means that female employees who are experiencing discomfort, pain, or other symptoms related to their menstrual cycle can take time off from work without having to worry about losing pay or facing disciplinary action.
    • It is a relatively new concept and is not yet widely available, but it has gained attention in recent years as more countries and companies consider its implementation.

    Recent debate

    • The concept of menstrual leave for workers and students has swirled around for a couple of centuries.
    • Such policies are uneven and subject to much debate, even among feminist circles.

    How prominent is the idea?

    • Menstruating women were given leave from paid labour in Soviet Russia in the 1920s.
    • A historian even claims that a school in Kerala granted period leave as early as 1912.
    • In light of this, we explore the global framework for menstrual leave and which countries currently have them.

    Need for menstrual leave

    • Pain and discomfort: Menstrual leave is needed because menstruation can cause a range of symptoms that can be painful and debilitating, making it difficult for women to perform their jobs.
    • Ensure job security: Such leave allows women to take time off when they need it, without having to worry about losing pay or facing disciplinary action.
    • Ensure productivity: This helps ensure that women are able to fully participate in the workforce and can perform to the best of their abilities.
    • Detaches stigma and discrimination: Additionally, menstrual leave can help reduce the stigma surrounding menstruation and promote a culture of openness and support for women.

    Issues if policy measures are enforced

    Not everyone— not even all those who menstruate— are in favour of menstrual leave.

    • Create employer discrimination: Some believe either that it is not required or that it will backfire and lead to employer discrimination against women.
    • Obligation may backfire: If govt policy compels employers to grant menstrual pain leave, it may operate as a de facto disincentive for employers to engage women in their establishments.

    Arguments against menstrual leaves

    • Potential for discrimination against women: If women are given additional leave days, they may be viewed as less capable or less committed to their jobs compared to their male counterparts.
    • Concerns about decreased productivity: Opponents of menstrual leave policies argue that allowing women to take time off work during their menstrual cycle could result in decreased productivity, and ultimately harm businesses.
    • Challenges in implementation: Enforcement of such policies could be challenging for businesses, particularly small and medium-sized enterprises. These businesses may struggle to manage their workforce effectively if employees are taking additional leave days throughout the year.

    What kind of menstrual leave policies are in place globally?

    • Spain: Recently, Spain became the first European country to grant paid menstrual leave to workers, among a host of other sexual health rights. Workers now have the right to three days of menstrual leave— expandable to five days— a month.
    • Japan: It introduced menstrual leave as part of labour law in 1947, after the idea became popular with labor unions in the 1920s. At present, under Article 68, employers cannot ask women who experience difficult periods to work during that time.
    • Indonesia: It introduced a policy in 1948, amended in 2003, saying that workers experiencing menstrual pain are not obliged to work on the first two days of their cycle.
    • Philippines: In the Philippines, workers are permitted two days of menstrual leave a month.
    • Taiwan: It has an Act of Gender Equality in Employment in place. Employees have the right to request a day off as period leave every month, at half their regular wage. Three such leaves are permitted per year— extra leaves are counted as sick leave.
    • Zambia: Among the African nations, Zambia introduced one day of leave a month without needing a reason or a medical certificate, calling it Mother’s Day.
    • Others: The petition also mentioned that the United Kingdom, China and Wales have menstrual leave provisions.

    Thus we can say that almost every alternate country has provisions for menstrual leave.

    What attempts are being made in India?

    • In India, too, certain companies have brought in menstrual leave policies— the most famous example being Zomato in 2020, which announced a 10-day paid period leave per year.
    • Time reported that 621 employees have taken more than 2,000 days of leave after the policy was introduced.
    • Other such as Swiggy and Byjus have also followed suit.
    • Among State governments, Bihar and Kerala are the only ones to introduce menstrual leave to women, as noted in the petition before the Supreme Court.

    Parliamentary measures

    Parliament has seen certain measures in this direction, with no success.

    • In 2017, MP Ninong Ering from Arunachal Pradesh introduced ‘The Menstruation Benefits Bill, 2017’ in Parliament.
    • It was represented in 2022 on the first day of the Budget Session in the Lok Sabha, but was disregarded as an “unclean topic,” the petition says.
    • Shashi Tharoor also introduced the Women’s Sexual, Reproductive and Menstrual Rights Bill in 2018, which proposed that sanitary pads should be made freely available for women by public authorities in their premises.

    Way forward

    • Education and Awareness: Education and awareness campaigns can be conducted to educate employers, employees, and policymakers about the importance of menstrual health and the need for menstrual leave policies.
    • Flexible Work Arrangements: In lieu of specific menstrual leave policies, companies can offer flexible work arrangements, such as remote work or flexible scheduling, to accommodate employees who are experiencing menstrual discomfort.
    • Consultation with Experts: Policymakers can consult with health experts, labor organizations, and other stakeholders to develop comprehensive menstrual leave policies that meet the needs of both employees and businesses.
    • Pilot Programs: Pilot programs can be implemented to test the effectiveness of menstrual leave policies and evaluate their impact on businesses and employees.
    • Workplace Culture: Companies can work to create a workplace culture that supports menstrual health and normalizes conversations around menstruation. This can help to reduce the stigma associated with menstruation and promote gender equity in the workplace.

     

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  • What is ‘e-Sanjeevani App’?

    sanjeevani

    The eSanjeevani app was featured in Prime Minister’s “Mann Ki Baat” address as part of the government’s efforts to promote digital healthcare in the country.

    What is the e-Sanjeevani app?

    • E-Sanjeevani is a browser-based platform-independent application that allows for both ‘doctor-to-doctor’ and ‘patient-to-doctor’ teleconsultations.
    • During the Covid pandemic, the union health ministry launched the e-Sanjeevani telemedicine services to ensure that health consultations reach people even in remote villages.
    • At the time of its launch, the union health ministry stated that it was a doctor-to-doctor telemedicine service that would provide general and specialised health care in rural areas.

    How does e-Sanjeevani work?

    • The e-Sanjeevani service establishes a virtual link between the beneficiary and doctor or specialist at the hub, which will be a tertiary healthcare facility.
    • This network’s spoke would be a paramedic or generalist at a health and wellness centre.
    • It allows for real-time virtual consultations between doctors and specialists at the hub and the beneficiary (via paramedics) at the spoke.
    • The e-prescription generated at the conclusion of the session is used to obtain medications.

    What is the reach of e-Sanjeevani?

    • Sanjeevani HWC is currently operational in approximately 50,000 health and wellness centres across the country.
    • As PM Modi stated in ‘Mann Ki Baat’, the number of tele-consultants using the e-Sanjeevani app has now surpassed 10 crore.
    • Health minister has stated that 100.11 million patients were served at 115,234 Health and Wellness Centres (as spokes) via 15,731 hubs and 1,152 online OPDs staffed by 2,29,057 telemedicine-trained medical specialists and super-specialists.
    • More than 57% of e-Sanjeevani beneficiaries are women, with only about 12% being senior citizens, according to union health ministry.

     

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  • 60% of India’s voters linked Aadhaar to voter ID: RTI

    aadhaar

    Central idea: An RTI query has revealed that around 60% of Indian voters have linked their Aadhaar cards with their voter ID cards.

    Benefits of Aadhaar linking

    • Voter uniqueness: The move to link Aadhaar and voter ID cards was introduced to prevent electoral fraud and ensure unique identity of each voter.
    • Curb bogus votes: It is expected to help prevent multiple voting, impersonation, and bogus voting, which have been a concern in the past.
    • Facilitate migrant voting: There have been migrant workers who may have been registered more than once on the electoral rolls in different constituencies or for persons registered multiple times within the same constituency.

    Is the linking of Aadhaar with one’s Voter ID mandatory?

    • In December 2021, Parliament passed the Election Laws (Amendment) Act, 2021 .
    • It states that the electoral registration officer may require voters to furnish their Aadhaar numbers to verify Authencity of voters list.
    • This was to amend the Representation of the People Act, 1950 and Section 23(4) was inserted in the RP Act.

    Why was such linking proposed?

    The preference to use Aadhaar for verification and authentication, both by the state and private sector, stems from few reasons:

    • Increase in UID-holders: First, at the end of 2021, 99.7% of the adult Indian population had an Aadhaar card.
    • Most versatile document: This coverage exceeds that of any other officially valid document such as driver’s licence, ration cards, PAN cards etc. that are mostly applied for specific purposes.
    • Reliable source of authentication: Since Aadhaar allows for biometric authentication, Aadhaar based authentication and verification is considered more reliable, quicker and cost efficient when compared to other IDs.

    Issues with mandatory linking: Puttaswamy judgment highlights

    • Puttaswamy judgment: The above reasons do not suffice the mandating of Aadhaar except in limited circumstances as per the Puttaswamy judgment.
    • The indispensability of the purpose: It needs to be considered whether such mandatory linkage of Aadhaar with Voter ID would pass the test of being “necessary and proportionate” to the purpose of de-duplication which is sought to be achieved.
    • Constitutional ambiguity: In Puttaswamy, one of the questions that the Supreme Court explored was whether the mandatory linking of Aadhaar with bank accounts was constitutional or not.
    • Against informational autonomy: It is the right to privacy which would allow a person to decide which official document they want to use for verification and authentication.

    Other judicial observations: Lal Babu Hussein (1995) Case

    • The Supreme Court had held that the Right to vote cannot be disallowed by insisting only on four proofs of identity.
    • The voters are entitled to rely on any other proof of identity and obtain the right to vote.

    What are the operational difficulties?

    • Aadhaar is not a citizenship proof: The preference to Aadhaar for the purposes of determining voters is puzzling as Aadhaar is only a proof of residence and not a proof of citizenship.
    • Excluding non-citizens is not easy: Verifying voter identity against this will only help in tackling duplication but will not remove voters who are not citizens of India from the electoral rolls.
    • Estimate of error rates in biometric based authentication: This certainly differs. As per the UIDAI in 2018, Aadhaar based biometric authentication had a 12% error rate.
    • Disenfranchisement of existing voters: Errors have led to the disenfranchisement of around 30 lakh voters in AP and Telangana before the Supreme Court stalled the process of linkage.

    Key concern: Right to Privacy

    • Some civil societies has highlighted that linking of the two databases of electoral rolls and Aadhaar could lead to the linkage of Aadhaar’s “demographic” information with voter ID information.
    • This could lead to violation of the right to privacy and surveillance measures by the state.
    • This would leave the EC with the option of verifying its information only through door-to-door checks.
    • There is a lack of enforceable data protection principles that regulate how authentication data will be used.

    Way Forward

    • Address privacy and security concerns: There should be strict measures in place to ensure the safety of personal information and prevent data breaches.
    • Provide alternative authentication: The government should provide alternative methods of identity verification. This will help ensure that no citizen is disenfranchised due to the lack of an Aadhaar card.
    • Regular monitoring and evaluation: The government should regularly monitor and evaluate the effectiveness of the linking of Aadhaar and voter ID cards in preventing electoral fraud.

     

     

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